Florida Statute 120.665 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 120
ADMINISTRATIVE PROCEDURE ACT

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F.S. 120.665

120.665 Disqualification of agency personnel.—

(1) Notwithstanding the provisions of s. 112.3143, any individual serving alone or with others as an agency head may be disqualified from serving in an agency proceeding for bias, prejudice, or interest when any party to the agency proceeding shows just cause by a suggestion filed within a reasonable period of time prior to the agency proceeding. If the disqualified individual was appointed, the appointing power may appoint a substitute to serve in the matter from which the individual is disqualified. If the individual is an elected official, the Governor may appoint a substitute to serve in the matter from which the individual is disqualified. However, if a quorum remains after the individual is disqualified, it shall not be necessary to appoint a substitute.

(2) Any agency action taken by a duly appointed substitute for a disqualified individual shall be as conclusive and effective as if agency action had been taken by the agency as it was constituted prior to any substitution.

History.—s. 1, ch. 74-310; s. 12, ch. 78-425; s. 2, ch. 83-329; s. 767, ch. 95-147; s. 34, ch. 96-159; s. 18, ch. 2013-36.

Note.—Former s. 120.71.

F.S. 120.665 on Google Scholar

F.S. 120.665 on Casetext

Amendments to 120.665

Arrestable Offenses / Crimes under Fla. Stat. 120.665

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 120.665.

Annotations, Discussions, Cases:

Cases Citing Statute 120.665

Total Results: 6

Biscayne Bay Pilots, Inc. v. Florida Caribbean-Cruise Association

Court: Fla. Dist. Ct. App. | Date Filed: 2015-11-08T00:00:00-08:00

Citation: 177 So. 3d 1043, 2015 WL 6852195

Snippet: Port Everglades. Id. at 954. Pursuant to section 120.665, Florida Statutes, Port Everglades Pilots Association

Port Everglades Pilots Ass'n v. Florida-Caribbean Cruise Ass'n

Court: Fla. Dist. Ct. App. | Date Filed: 2015-08-11T00:00:00-07:00

Citation: 170 So. 3d 952, 2015 Fla. App. LEXIS 11894, 2015 WL 4731413

Snippet: Applicant.” The PEPA filed pursuant to section 120.665, Florida Statutes, a motion to disqualify Commissioners…an appropriate and necessary remedy.”). Section 120.665, Florida Statutes (2014), provides as follows: …motion to disqualify filed pursuant to section 120.665 is whether the facts alleged would prompt a reasonably…pilotage rate reduction, filed pursuant to section 120.665, is the one set forth in IMC-Phosphates Co.); Seiden…, 1219-20 (Fla. 4th DCA 2014) (“Under [section 120.665], disqualification is required where ‘the facts

Biscayne Bay Pilots, Inc. v. Florida Caribbean-Cruise Association

Court: Fla. Dist. Ct. App. | Date Filed: 2015-04-07T00:00:00-07:00

Citation: 160 So. 3d 559, 2015 WL 1546085

Snippet: reduction. The legal basis for the motion was section 120.665, Florida Statutes, which provides in pertinent …shall not be necessary to appoint a substitute. § 120.665(1), Fla. Stat. (2014). The motion asserted that…sufficient5 showing of bias and prejudice under section 120.665. The Committee and the Cruise Association contend…motion. The only reported cases applying section 120.665 to agency heads involve motions to disqualify an… school board under the predecessor to section 120.665 *563(section 120.09, Florida Statutes (1967)),

Alan Seiden v. Frances J. Adams, ED. D, as Superintendent of the School District of Indian River County, Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2014-11-19T00:00:00-08:00

Citation: 150 So. 3d 1215, 2014 Fla. App. LEXIS 18904

Snippet: S.Ct. 999, 85 L.Ed. 1429 (1941)). Section 120.665, Florida Statutes (2013), sets the legal parameters…period of time prior to the agency proceeding.” § 120.665(1), Fla. Stat. (2013). As the First District has….2013). Even were we to reach the section 120.665 recusal issue, we do not find that type of egregious

Florida Water Services Corp. v. Robinson

Court: Fla. Dist. Ct. App. | Date Filed: 2003-08-08T00:53:00-07:00

Citation: 856 So. 2d 1035

Snippet: " head for bias, prejudice or interest. § 120.665, Fla. Stat.[2] The definition of *1038 "agency…Kingsley, Diane B. Rowden, and Betty Whitehouse. [2] 120.665. Disqualification of agency personnel (1) Notwithstanding

Charlotte County v. IMC-Phosphates Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2002-08-22T00:53:00-07:00

Citation: 824 So. 2d 298

Snippet: prohibition which we now have for review. Section 120.665, Florida Statutes, provides for the disqualification… upon which disqualification is based, section 120.665(1), Florida Statutes (2001), does not set forth…upon, the statute we apply today, namely, section 120.665(1), Florida Statutes (2001). II. Even under the